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(영문) 인천지방법원 부천지원 2012.12.26 2012고정2024

근로기준법위반

Text

Defendant shall be punished by a fine not exceeding 1.5 million won.

Where the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is an employer who runs a distribution business using eight full-time workers as the representative C Co., Ltd. located in Orcheon-gu, Ocheon-gu, and was employed from December 1, 2007 to December 31, 201 and did not pay KRW 11,196,660 of the retirement allowances of retired workers D within 14 days from the date of retirement without agreement between the parties on the extension of the payment date of money and valuables.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the police's written statement filed against D;

1. The prosecutor under Article 109(1) and Article 36 of the Labor Standards Act concerning criminal facts and Articles 31 and 9 of the former Guarantee of Workers' Retirement Benefits Act (amended by Act No. 10967, Jul. 25, 201) on the instant charges charged with violating the Labor Standards Act, but ex officio applies the Guarantee of Workers' Retirement Benefits falling under special Acts.

(Selection of Fine)

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;